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Pelaksanaan Pemberian Restitusi Bagi Korban Tindak Pidana Perdagangan Orang : Pendekatan Kasus Nomor: 177/Pid.Sus/2021/Pn.Kpg Dan Putusan Pengadilan Tinggi Kupang Nomor: 34/Pid/2022/Pt Kpg Rezanthi Tiara Labuh; Karolus Kopong Medan; Bhisa Vitus Wihelmus
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 4 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i4.9095

Abstract

Human trafficking is a serious crime that violates human rights and causes physical, psychological, and economic harm to victims. Therefore, the state provides legal protection to victims, one of which is through restitution. This study aims to examine and analyze the implementation of restitution for victims of human trafficking and to identify the obstacles in its enforcement based on Decision Number 177/Pid.Sus/2021/PN.Kpg and Decision Number 34/Pid/2022/PT KPG. This research uses an empirical juridical method with a qualitative approach. Data were collected through interviews with public prosecutors and related parties, as well as literature studies on laws and court decisions. The results show that the implementation of restitution has not been optimal, even though it has been decided by the court. This is caused by several factors, including the inability or unwillingness of offenders to pay restitution, limitations in execution mechanisms by prosecutors as executors, lack of coordination among institutions, and low legal awareness among victims. Thus, the implementation of restitution for victims of human trafficking still faces various obstacles, resulting in the non-fulfillment of victims’ rights optimally. Therefore, stronger regulations, improved roles of law enforcement officials, and more effective implementation mechanisms are needed to ensure the protection and recovery of victims’ rights.
Mekanisme Penyelesaian Tindak Pidana Penganiayaan Menurut Hukum Adat Lamaholot di Adonara Kabupaten Flores Timur Natalia Tinsi Gita Sengaji; Karolus Kopong Medan; Ngongo Dede
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 4 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i4.9310

Abstract

This study aims to identify the reasons why the Lamaholot indigenous community in Adonara Island, East Flores Regency, prefers to resolve assault crimes through customary law and to understand the settlement mechanism applied in the community. This research employed an empirical juridical method with a case approach. Data were collected through interviews, observations, and documentation, then analyzed descriptively using a qualitative approach. The results indicate that the Lamaholot community prefers customary law settlement due to the high level of trust in customary leaders, the fast, simple, and low-cost settlement process, as well as the strong values of kinship and social harmony within the community. In addition, the community’s belief in the moral and spiritual power of customary sanctions strengthens compliance with customary decisions. The settlement mechanism consists of several stages, namely reporting the case to customary leaders, summoning the disputing parties, conducting customary deliberations, reaching a peace agreement, and implementing customary sanctions such as customary fines, sacrificial animals, and the traditional oath known as tuak lolon goka. This settlement pattern reflects a restorative approach because it emphasizes the restoration of social relations and reconciliation between the offender and the victim. The study also shows that Lamaholot customary law is relevant to the concept of restorative justice within the national legal system, although challenges remain regarding the harmonization between customary law and positive law in Indonesia.